Patna High CourtCR. MISC./77536/2019dismissed

Mahesh Rai v. The State Of Bihar

2019-12-02Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77536 of 2019 Arising Out of PS. Case No.-135 Year-2000 Thana- WARISNAGAR District- Samastipur ====================================================== MAHESH RAI S/o Late Anand Ray @ Anand Rai R/o village- Dubarbanna, P.S.- Warisnagar, District- Samastipur ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Thakur Mr. Arya Achirt For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-12-2019 The petitioner seeks regular bail in connection with Warisnagar P.S. Case No. 135 of 2000, registered for offences punishable under Sections 302/34 of the Indian Penal Code. Allegation is of committing the murder of husband of informant by fire arm. It further appears from impugned order that petitioner's name was taken by father and mother of the deceased, who were the eye witness of the occurrence and stated that petitioner along with others had taken the deceased, thereafter, they heard the sound of firing. It further appears that the chargesheet has been submitted in the year 2002 showing the petitioner absconder.

It has been submitted on behalf of the petitioner that earlier he was not named in the F.I.R. as such he could not

Patna High Court CR. MISC. No.77536 of 2019(2) dt.02-12-2019 2/2 surrender earlier and now he has surrendered in the court below and has been in judicial custody for last six months and other accused persons after full trial has already been acquitted. Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case, at this stage, I am not inclined to enlarge the petitioner on bail. However, learned court below is directed to expedite the commitment of the case as well as framing of charge.

This application is accordingly dismissed.

(Vinod Kumar Sinha, J) sunilkumar/- U T